Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Cal) 2267

CALCUTTA HIGH COURT
ARINDAM MUKHERJEE, J
SHREE SHREE ISWAR SITARAM JEW – Appellant
Versus
ARKOPROVO GANGULY – Respondent
EOS/6/2025 | CS/229/2024 | TS No. 910 of 2023

Advocates:
For the Appellants/Petitioners: Mr. Tilak Bose, Sr. Adv., Mr. Akanksha Mukherjee, Adv., Mr. Nilankan Banerjee, Adv., Mr. Prodipta Basu, Adv., Mr. Sudhahar Prasad, Adv., Ms. Antara Biswas, Adv., Ms.Saolini Bose, Adv., Ms. Samaita Das Chowdhury, Adv.
For the Respondents: Mr. Ranjan Deb, Sr. Adv., Mr. Ranjan Bachawat, Sr. Adv., Ms. Indrani Mukherjee, Adv., Mr. Soumajit Majumdar, Adv., Mr. Aurin Chakraborty, Adv., Ms. Sucheta Mitra, Adv.

The integrity of procedural requirements under the Code of Civil Procedure is imperative for the orderly conduct of civil litigation.

Headnote:(A) Code of Civil Procedure, 1908 - Order VII Rule 11, Orders I & XXXIX - Various injunction applications filed in civil suits relating to property disputes - Applications pertaining to adding parties, rejection of plaint, and other procedural matters established - Evidence and pleadings reviewed by the Court for adjudicating the respective claims and defenses of the parties. (Paras 1-10)

(B) Judicial procedure - The Court emphasized the need for timely and complete submissions from all parties in support of their respective positions during the hearing - Noting the importance of adhering to procedural requirements in civil litigation for ensuring fair hearings. (Paras 11-12)

Facts of the case:
The suits involve property disputes with various parties to the proceedings, including injunction applications and procedural motions - Each application presents specific requests to address overlapping claims, additions of parties, and allegations of impropriety within the process.

Findings of Court:
The Court determined to set specific hearing dates for further motions and required parties to come with instructions regarding their affidavits and readiness to proceed.

Issues: The matter included identifying valid parties, addressing the applications for injunctions and rejections, and ensuring an orderly conduct of proceedings under the Civil Procedure Code.

Ratio Decidendi: The Court observed that procedural adherence plays a crucial role in maintaining the integrity of the judicial process and that parties must ensure all motions are properly substantiated with the necessary affidavits.

Result: Applications to be heard on set dates with directions for parties to come prepared.

Table of Content
1. overview of the suits and parties involved. (Para 1 , 2)
2. procedural applications and requests for injunction. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. court directives for procedural adherence. (Para 11 , 12)

Re: EOS/6/2025 The Court:- After hearing the parties, the following facts transpire –

1) There is a suit which was filed before the Alipore Court in the year

2023 being TS No. 910 of 2023. The said suit on having been transferred to this Court has been numbered as EOS/6/2025.

2) The plaintiffs in the said suit are respectively the deity and Swapna Mukherjee. The defendants are Subhodeep Ganguly, Arkoprovo Ganguly, Priya Ganguly and Tirupati Assets Private Ltd.

3) In the said suit the applications, inter alia, for injunction filed by the plaintiffs/petitioners on having been transferred to this Court has been numbered as IA No. GA/1/2025.

4) IA No. GA/2/2025 is an application by the plaintiffs/petitioners for adding Goutam Mukherjee and Aarati Sen as defendants to the said suit.

5) IA No. GA/3/2025 is an application by the defendant no.3 in the suit for rejection of the plaint, inter alia, under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of plaint.

6) IA No. GA/4/2025 is an application by the defendant no.2 in the suit, inter alia, under the provisions of Order VII Rule 11 read with Section

151 of the Code of Civil Procedure, 1908 .

7) IA No. GA/5/2025 is an application by the defendant no.2 to allow the said defendants to contest the application, inter alia, for temporary injunction filed by the plaintiffs by permitting the said defendants to file the written objection thereto.

8) IA No. GA/6/2025 is an application under the provisions of Order-V Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 by the defendant no.2 for a direction upon Swapna Mukherjee the plaintiff no.2 to appear in person in Court.

9) IA No. GA/7/2025 is an application by Somesh Mukhopadhyay son of Swapna Mukherjee under the provisions of Order-I Rule 10 of the Code of Civil Procedure, 1908 for addition of party and substitution of the petitioner as plaintiff no.2.

10) IA No. GA/8/2025 is a put up petition for putting up the records to consider the application for addition of party made by Raktima Chatterjee, Aritrojit Ganguly and Atish Mukherjee for being added as plaintiffs to represent the deity after striking out the name of the plaintiff no.2 in the said suit. The application for addition of party under the provisions of Order-1 Rule 10 of the Code of Civil Procedure, 1908 made by Raktima, Aritrajit Ganguly and Atish Mukherjee is treated as IA No. GA/8/2025.

The Department shall make necessary corrections to the record for treating the said application as IA No. GA/8/2025 instead of an application to put up the records which has been numbered as GA/8/2025

11) IA No. GA/9/2025 is an application under Order XXXII Rule 2 read with Section 151 of the Code of Civil Procedure, 1908 filed by the defendant no.2, inter alia, for the plaint to be taken of the file with costs.

12) IA No. GA/10/2025 is an application by the defendant no.2 for dismissal of the suit.

Re: CS No. 229 of 2024 CS No. 229 of 2024 filed by the deity and Swapna Mukherjee (plaintiff no.2). There are three applications filed in the suit respectively being IA No. GA/1/2025, IA No. GA/2/2025 and IA No. GA/3/2025.

Re: IA No. GA/1/2025 in CS No. 229 of 2024 IA No. GA/1/2025 is the plaintiffs application, inter alia, for injunction.

Re: IA No. GA/2/2025 in CS No. 229 of 2024 IA No. GA/2/2025 is an application for plaint being taken of the file. This application has been filed by Subhodeep Ganguly (defendant no.3).

Re: IA No. GA/3/2025 in CS No. 229 of 2024 IA No.GA/3/2025 is an application by Sougata Banerjee, the maternal grandson of late Kanaklata Debi, inter alia, for addition as a party defendant.

Re: EOS/4/2025 The Title Suit No. 530 of 2025 has been transferred to this Court from Alipore Court and has been renumbere

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2025 Supreme(Online)(Cal) 2267

CALCUTTA HIGH COURTARINDAM MUKHERJEE, JSHREE SHREE ISWAR SITARAM JEW – AppellantVersusARKOPROVO GANGULY – RespondentEOS/6/2025 | CS/229/2024 | TS No. 910 of 2023

The integrity of procedural requirements under the Code of Civil Procedure is imperative for the orderly conduct of civil litigation.

CALCUTTA HIGH COURT
ARINDAM MUKHERJEE, J
SHREE SHREE ISWAR SITARAM JEW – Appellant
Versus
ARKOPROVO GANGULY – Respondent
EOS/6/2025 | CS/229/2024 | TS No. 910 of 2023